PROTECTING the YARRA CORRIDOR THROUGH BETTER PLANNING: Punt Road Bridge to the Urban Growth Boundary Ii

PROTECTING THE YARRA CORRIDOR THROUGH BETTER PLANNING: Punt Road Bridge to the Urban Growth Boundary ii

PROTECTING THE YARRA CORRIDOR THROUGH BETTER PLANNING: PUNT ROAD BRIDGE TO THE URBAN GROWTH BOUNDARY

FUNDED BY

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ACKNOWLEDGEMENT We acknowledge that the Yarra River - Birrarung - flows through the traditional lands of the Wurundjeri people. We offer our respect to the Elders past, present and future of these traditional lands, and through them to all Aboriginal and Torres Strait Islander People.

DISCLAIMER This document is indented to provide an overview of the planning and development framework that applies to the Yarra River Corridor. The information contained in the report is of a general nature, and should not be used for the purposes of decision-making. © Ethos Urban 2018. This Publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.

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Contents

1 BACKGROUND & CONTEXT 3 3 ENGAGING WITH THE PLANNING SYSTEM 45

1.1 This Project 4 3.1 Policy Contribution 46

1.2 The Study Area 5 3.2 Planning Permit Applications 47

1.3 Yarra River Protection Initiatives 6 3.3 Planning Strategy 50

1.4 New Planning Controls for the Yarra River 8 3.4 Key Issues of Interest to the Yarra Riverkeeper 52

1.5 Riverkeeper Association Values & Objectives 10 3.5 Responding to Planning Issues 64 2 THE PLANNING & DEVELOPMENT FRAMEWORK 13 3.6 Future Opportunities 65

2.1 Legislative Framework 14 4 REFERENCES 67

2.2 Planning Schemes 18 4.1 Key References and Resources 68

2.3 State and Local Planning Policy Frameworks 19 5 GLOSSARY 71

2.4 Land Use - Planning Zones 20 5.1 Key Terms 72

2.5 Development Overlays 28 2.6 New Overlays for Yarra River Protection 35 APPENDICES

2.7 Other Policies & Strategies 42 A Reference - The Planning Zones

B Reference - Yarra River Protection Decision Guidelines

C Example Site Investigations

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List of Figures List of Tables Figure 1. Lower and Middle Yarra Study Area 5 Table 1. Overview of Existing Zones 76

Figure 2. New Planning Controls for the Yarra River 9

Figure 3. Extent of 1km and 500m Yarra River Lands as Declared by the Yarra River Protection Act - Lower Yarra Reach 16

Figure 4. Extent of 1km and 500m Yarra River Lands as Declared by the Yarra River Protection Act - Middle Yarra Reach 17

Figure 5. Structure of Planning Schemes 18

Figure 6 to Figure 10. Planning Zones 23

Figure 11 to Figure 15. Planning Overlays 30

Figure 16 to Figure 20. DDO and SLO Extents 37

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Executive Summary

This report enables the Yarra Riverkeeper The report includes recommendations on how Association (YRKA) to be more effective in its YRKA can strengthen its role at the planning participation in the planning system to protect the strategy level, including promoting YRKA as a Yarra River and its ecological, cultural and social thoughtful and informed stakeholder at all tiers of values. The report also assists in informing the government. community about relevant planning issues along the The report will assist YRKA in its role as the key Yarra and improves the reader’s ability to effectively community stakeholder for the Yarra River to be respond to planning applications along the Yarra, more effective in relation to planning policy and and to engage with local planning schemes Last strategy at state and local government levels. YRKA but not least, the report informs YRKA’s partners in advocates for the Yarra Riverkeeper to be consulted state and local government and in statutory about any planning consideration that relates to or agencies about the key planning issues that YRKA has a direct interface with the Yarra River corridor. sees as challenging the river, both currently and in the future, and what measures can and should be taken to protect and improve the Yarra. This report guides and assists YRKA’s engagement with planning policy and the planning system as it relates to the Yarra River Corridor. The document contains detailed background information relating policy changes introduced by the state government under Planning Scheme Amendment GC48 in February 2017. Maps within the document illustrate the extent of current planning controls that apply to the Yarra River corridor and its environs. The document explains the function and effect of the controls introduced in 2017 to Yarra, Stonnington, Boroondara, Banyule, Manningham and Nillumbik local government areas.

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YARRA RIVERKEEPER | PROTECTING THE YARRA CORRIDOR THROUGH BETTER PLANNING PLANNING & DEVELOPMENT FRAMEWORK STUDY | YARRA RIVERKEEPER Background & Context 1

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1.1 This Project

Background Project Aims This Document

This purpose of this project is to assist the Yarra The aims of this project are to: This document is intended to be used by the YRKA Riverkeeper Association (YRKA) in understanding as an advocacy tool for: ++ Provide a baseline assessment of the current how the newly introduced Yarra River corridor planning controls affecting land along the river ++ Planning and other policy development at the NILLUMBIK planning controls operate; and how they may be SHIRE COUNCIL corridor which clearly outlines the land use and State and local government level utilised to support the Association’s vision, aims and development parameters of each planning zone objectives. ++ Preparing submissions to planning permit and overlay. BANYULE CITY applications, VCAT cases and Planning Scheme COUNCIL North Warrandyte This will enable the Association to be well placed to ++ Prepare test case scenarios for several sites Amendments. Eltham speak for better design and development outcomes Lower Plenty with significant development potential, which The YRKA is a key stakeholder in planning for the for planning permit applications on private land. represent a range of different development River. Heidelberg It will also identify gaps in the current planning scenarios. Warrandyte Whenever possible, this document should be used framework and help to focus the Association’s ++ Identify gaps within the planning control Templestowe to support the YRKA’s advocacy efforts to be part of advocacy to government and agencies for improved framework that may impact on the achievement pre-policy discussions, moving away from reaction design and development outcomes on both public of the Association’s vision, aims and objectives. to early involvement in policy creation and agenda- and private land ++ Provide a guide to responding to planning setting. permit applications, including ways to access Bulleen The study area (shown in Figure 1 on the following Ivanhoe page) comprises land within and adjacent to the specialist expertise and suggested planning MANNINGHAM Yarra River corridor from the Punt Road Bridge permit conditions. CITY COUNCIL in Richmond to the Urban Growth Boundary in ++ Identify priorities for future policy work to Alphington Warrandyte. improve the planning control framework. Fairfield Balwyn ++ Identify opportunities which lie outside of the

planning system for the Association to achieve YARRA CITY Kew its visions for promoting improved design within COUNCIL BOROONDARA the riverside environment, access to the river and CITY COUNCIL expression of social and cultural values. Hawthorn

Richmond Hawthorn East Cremorne Burnley

Toorak

STONNINGTON CITY COUNCIL

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1.2 The Study Area

Figure 1. Lower and Middle Yarra Study Area NILLUMBIK SHIRE COUNCIL Local Government Area

BANYULE CITY (LGA) boundary COUNCIL North Warrandyte Yarra River Eltham Lower Plenty Main Road Heidelberg Parkland or open space Warrandyte

Templestowe

Bulleen

Ivanhoe

MANNINGHAM CITY COUNCIL Alphington

Fairfield Balwyn

YARRA CITY Kew COUNCIL BOROONDARA CITY COUNCIL

Hawthorn

Richmond Hawthorn East Cremorne Burnley

Toorak N STONNINGTON CITY COUNCIL

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1.3 Yarra River Protection Initiatives

Overview Yarra Strategic Plan

In February 2017, the Minister for Planning The Yarra Strategic Plan will address four key approved Amendment GC48 which implements elements that encompass a wide range of issues: interim planning scheme overlay controls to protect ++ Environmental health of the waterway, and the Yarra River from inappropriate development. riparian lands (including the biodiversity corridor) The amendment applies to land within approximately 500m of the Yarra River between ++ Community use, access and amenity of the river Punt Road, Richmond and the outer eastern extent and its parklands of the township of Warrandyte. ++ The landscape setting and interface of the river corridor with adjacent land uses The new controls are part of a suite of measures introduced by the State Government to manage all ++ Cultural and heritage values in the riverscape. aspects of the river’s health, environment, amenity The Yarra Strategic Plan will include consideration and function. These initiatives are detailed in the of land use and development, landscape design Yarra River Action Plan. and built form management. It will extend the landscape assessment approach applied to the The initiatives include the drafting of a new Yarra Lower-Middle Yarra corridors to other parts of the River (Birrarung) Protection Bill and strengthening river corridor. It will also implement a coordinated relevant State policies. approach to public land management and provide The long term management of the river and a framework for protection of cultural heritage adjoining land will be set out in the Yarra Strategic values. Plan to be prepared by Melbourne Water, providing A number of key-site projects are also listed in an ongoing framework for the whole of the river the Action Plan, including a structure plan for corridor. Abbotsford (which incorporates the Carlton and United Breweries site), a cultural precinct plan for the Banyule Flats-Bulleen Park area, rehabilitation of the Bolin Bolin Billabong in Bulleen, and completion of the missing trail in Abbotsford.

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1.4 New Planning Controls for the Yarra River

Planning Scheme Amendment GC48

Amendment GC48 introduces new (or updates The new SLO has been applied to all land new DDOs and SLO existing) planning controls: irrespective of tenure, within approximately 100- ++ The rationale for applying mandatory maximum 400m from the centreline of Yarra River. The SLO ++ Design and Development Overlays (DDOs) - height and minimum setback requirements, and NILLUMBIK will manage vegetation removal and river bank SHIRE COUNCIL ‘Yarra River (Birrarung) Protection’ how these are to be measured topography. ++ A Significant Landscape Overlay (SLO) - ‘Yarra ++ How the banks and waterway of the Yarra River Amendment GC48 implements the findings and are defined BANYULE CITY River (Birrarung) Corridor’. COUNCIL North Warrandyte recommendations of the Lower Yarra River Corridor ++ Managing overshadowing impacts The controls are applied within the Lower Yarra Eltham Study (Planisphere, 2016) and the Middle Yarra Lower Plenty River corridor (within the Stonnington, Yarra and ++ Permit requirements for fencing and earthworks. River Corridor Study (Planisphere, 2016), which are Boroondara municipalities) and the Middle Yarra now Reference Documents in the DDO and SLO. Heidelberg River corridor (within Banyule, Nillumbik and Warrandyte Manningham), shown on the map opposite. They PLANNING ADVISORY NOTE 65 Templestowe will apply on an interim basis for four years. The State Government prepared a Planning These overlay controls have now implemented the Advisory Note (PAN65) Yarra River Protection overarching State Policy objective to protect and Planning Controls. PAN65 that provides an overview Bulleen manage the Yarra River, set out at Clause 12.05 of of the new planning controls implemented through Ivanhoe all Victorian Planning Schemes. Amendment GC48. MANNINGHAM The new controls will work in tandem to address all CITY COUNCIL PAN65 details the processes, methodology and Alphington aspects of new development relating to the siting approaches used to prepare the controls, while also and design of buildings and the management of providing guidance and information to applicants Fairfield Balwyn the river’s natural landscape elements. and responsible authorities about preparing and The DDO controls will manage built form outcomes assessing planning permit applications under the YARRA CITY Kew COUNCIL BOROONDARA on privately owned land immediately adjacent to, new planning controls. CITY COUNCIL or within close proximity to, the Yarra River. They Specifically, the Note provides information on: set mandatory maximum building heights and Hawthorn mandatory minimum building setbacks from the ++ The State Planning Policy Framework objectives Richmond for managing development in the Yarra River Hawthorn East river’s edge. Cremorne corridor Burnley Toorak ++ The objectives and permit requirements of the STONNINGTON CITY COUNCIL

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Figure 2. New Planning Controls for the Yarra River

LEGEND Local Government Area NILLUMBIK SHIRE COUNCIL (LGA) boundary Yarra River

BANYULE CITY Main Road COUNCIL North Warrandyte

Eltham Parkland or open space Lower Plenty Significant Landscape Heidelberg Overlay (SLO) area Warrandyte

Templestowe Design and Development Overlay (DDO) area

Bulleen

Ivanhoe

MANNINGHAM CITY COUNCIL Alphington

Fairfield Balwyn

YARRA CITY Kew COUNCIL BOROONDARA CITY COUNCIL

Hawthorn

Richmond Hawthorn East Cremorne Burnley

Toorak N STONNINGTON CITY COUNCIL

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1.5 Yarra Riverkeeper Association Values & Objectives

This planning study examines the current planning OUR VISION OUR POSITION ON FIVE RIVER ISSUES policy and control framework against the visions A Yarra River, with tributaries, that is healthy, Riverside Development And Planning and objectives of the Yarra Riverkeeper Association ecologically sustainable and valued by the (YRKA). Our vision: community. The Association’s visions and objectives relate to a ++ The Yarra River and its environs are a continuous wide range of waterway management, advocacy OUR AIMS corridor of public green space and unbroken and education initiatives. To protect and restore the Yarra River and its wildlife habitat along the entire length of the river. The visions and objectives which relate specifically tributaries, from source to mouth, for current and to issues of land use and development which can future generations. We believe that: be managed under the Planning and Environment OUR OBJECTIVES ++ All planning decisions in the corridor should Act (1987) are summarised below, and are the be overseen by a single authority which has a focus of this planning study. ++ To be an effective, independent public advocate whole-of-river perspective (beyond local council While some of the principles outlined in the Yarra for the Yarra River and its tributaries boundaries), consistent with the fact that the Riverkeeper Association’s vision, aims and objectives ++ To provide a unified voice, representative of the river’s values and ecology relate to and are do overlap with the planning system, other policies community, in relation to whole-of-river issues dependent on its entirety. are beyond the scope of planning tools or levers to ++ To identify, create and implement initiatives that ++ The Yarra River and its environs are critical control. will protect and restore the Yarra River and its “natural infrastructure” for the city to function tributaries and be liveable; no less vital than public ++ To build and foster relationships with all transport, hospitals and schools. stakeholders ++ To stop further encroachment (immediate ++ To ensure integrated management founded action), planning controls need to be introduced upon stewardship -- To ban the erection of additional buildings ++ To build and make publicly accessible knowledge and structures on riverside land, relating to the Yarra catchment -- To ensure that any new/replacement building/ ++ To celebrate the ecological and social value of structure is no taller, bigger or closer to the the Yarra River and its tributaries river than what exists on the site, and ++ To establish a realistic funding base that can -- To ensure other riverside works are support projected activities. compatible with the sought-after green riverscape.

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-- To restore the corridor (long term action), Water Quality and Pollution Flora and Fauna measures need to be introduced Our vision: Our vision: -- To reclaim public ownership of land abutting the river, and ++ The Yarra’s water can support all its naturally ++ All the flora and fauna of the Yarra catchment occurring aquatic life forms and is free of all are indigenous species except for endangered -- To replace, when possible, riverbank buildings pollutants that may be harmful to them or but non-indigenous native species, such as with indigenous vegetation. humans. Macquarie Perch, for which the Yarra provides River Flows And Water Supply (NB This vision aligns with the objectives of the crucial habitat, on land set aside for agriculture Our vision: State Environment Protection Policy (Waters and recreation, and where exotic species (pet of Victoria) which is the relevant legislative and stock animals, food and garden plants) are ++ River flows in the Yarra are as close to natural framework under Victoria’s environmental securely contained. as possible – with the flow rate at least two- laws. It is also consistent with the vision of the Other Social Values thirds of the natural rate and the flow pattern international Waterkeeper movement, of which supporting a rich and healthy river ecology. Our vision: we are a member, of fishable, swimmable and (NB “two-thirds of natural” is recognised by river drinkable waterways worldwide.) ++ All Melburnians appreciate, understand, enjoy scientists as a rule of thumb for a healthy river.) We believe that: and celebrate the many wonders of the Yarra, We believe that: see its existence and its health as vital to their ++ Whilst many measures are being implemented lives, and actively care for it. ++ To restore near-natural flow rates, the amount to reduce pollution, both at its source and in of water extracted needs to be reduced by its transport to the river, the pollution is still measures to lower total water consumption unacceptable. and policies and major investment in alternative ++ To stop pollution, all stormwater run-off and sources, such as recycled “waste” water and all used water (“waste water”) has all toxins stormwater; and excess nutrients removed and is reused or ++ To ensure a healthy flow pattern, the infiltrated into the ground, such that none flows environmental flows program needs a greater directly into the Yarra River. water allocation and more security (e.g. government guarantee) during times of water scarcity.

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2.1 Legislative Framework

Overview of Key Acts relevant to the Yarra River and its Corridor

PLANNING & ENVIRONMENT ACT YARRA RIVER PROTECTION ACT WATER ACT & MELBOURNE WATER BY-LAWS The Planning and Environment Act (1987) (VIC) The Yarra River Protection (Willip-gin Birrarung The Water Act 1989 (Vic) provides the legal establishes a framework for planning the use, Murron) Act (2017) (VIC) recognises the intrinsic framework for managing water resources in development and protection of land in Victoria in connection of the traditional owners to the Yarra Victoria. the present and long-term interests of all Victorians. River and its Country. It recognises them as the The main purposes of the Act are to: custodians of the land and waterway which they The Act sets out a number of Objectives for call Birrarung. ++ Promote the equitable and efficient use of our Planning in Victoria, the most relevant of which are: water resources Part 2 of the Act sets out Yarra “Protection ++ To provide for the protection of natural and Principles,” including principles about the ++ Make sure our water resources are conserved man-made resources and the maintenance of environment. Among these, Section 9(4) states: and properly managed for the benefit of all ecological processes and genetic diversity; Victorians There should be a net gain for the environment ++ To secure a pleasant, efficient and safe living, ++ Increase community involvement in conserving in the area of Yarra River land arising from any working and recreational environment for all and managing our water resources. Victorians and visitors to Victoria; individual action or policy that has an environmental impact on Yarra River land. Melbourne Water has created by-laws under the ++ To conserve and enhance those buildings, areas Act that are relevant to the management and or other places which are of scientific, aesthetic, In addition to environmental principles, the Act sets protection of the Yarra River corridor. They are: architectural or historical interest, or otherwise out social, recreational, cultural and management of special cultural value. principles for the Yarra River land. These principles ++ By-law No. 1: Water Supply Protection (2008) Land use and development controls contained in include protecting and enhancing: ++ By-law No. 2: Waterways, Land and Works Protection and Management (2009). each Planning Scheme support the objectives from ++ Recreational amenity in the Yarra River lands the Act. ++ Community access to the Yarra River lands SUBDIVISION ACT ++ The natural processes, while also enabling use The Subdivision Act (1988) (VIC) sets out the of the land for recreational and community procedure for the subdivision and consolidation purposes. of land, including buildings and airspace, and for Management principles include that there should the creation, variation or removal of easements or be coordination between all levels of government restrictions that apply to land. and government agencies when designing policies This Act also regulates the management of and programs in relation to the Yarra River land. and dealings with common property and the constitution and operation of bodies corporate. The Act empowers a responsible authority to

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require a portion of land to be set aside as public HERITAGE ACT open space when subdivision occurs. Alternatively, The Heritage Act 2017 (VIC) is administered by a payment may be made in lieu of public open Heritage Victoria, and is the State government’s key space. non-Indigenous cultural heritage legislation. The Act specifies how public open space The Act identifies and protects heritage places contributions are to be calculated and what Council and objects that are of significance to Victoria, must do with open space, or with contributions including: collected for the creation of new public open spaces, or improvement of existing public open ++ Historic archaeological sites and artefacts spaces. ++ Historic buildings, structures and precincts HERITAGE RIVERS ACT ++ Gardens, trees and cemeteries ++ Cultural landscapes The Yarra River, between Warburton and Warrandyte is listed as a Victorian Heritage River, ++ Shipwrecks and relics under the Heritage Rivers Act 1992 (VIC). ++ Significant objects. This Act identifies 18 Heritage River Areas in Following a detailed review of the Heritage Act Victoria, in which some activities may be prohibited, 1995 (VIC) (including public consultation) in 2015, including constructing barriers that affect the area’s a Heritage Bill was introduced and passed in the recreational, natural, scenic or cultural heritage Legislative Assembly in 2016. The updated/revised values. Heritage Act commenced on 1 November 2017. The Heritage Rivers Act can restrict diversion of water, some clearing practices, the establishment of timber plantations and domestic animal grazing.

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Figure 3. Extent of 1km and 500m Yarra River Lands - Lower Yarra Reach*

LEGEND Local Government Area (LGA) boundary Yarra River Main Road 500m buffer along the Yarra River 1km buffer along the Yarra River

*The full extent of Yarra River Lands set out under the Yarra River Protection Act (especially with regard to Fishermans Bend and the Port of Melbourne) will be examined in Stage 2 of this project.

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Figure 4. Extent of 1km and 500m Yarra River Lands - Middle Yarra Reach*

LEGEND Local Government Area (LGA) boundary Yarra River Main Road 500m buffer along the Yarra River 1km buffer along the Yarra River

*The full extent of Yarra River Lands set out under the Yarra River Protection Act (especially with regard to Fishermans Bend and the Port of Melbourne) will be examined in Stage 2 of this project.

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2.2 Planning Schemes

The Structure of Planning Schemes

Every Council in Victoria is required Figure 5. Structure of Planning Schemes to prepare, maintain and update a planning scheme for its local government area (LGA). The scheme applies zones, overlays and other VICTORIA PLANNING PROVISIONS (VPPs) - STATE STANDARD PROVISIONS specific provisions that trigger the need for planning permission for different land use and development activities.

Within each planning scheme, State Planning Particular General there is a suite of State standard Policy Framework Zones Overlays Provisions Provisions provisions maintained by the State (SPPF) government, and a series of local policies and schedules prepared by each Council based on their context and specific conditions. The diagram to the right (Figure 5) Local Planning details how the Victoria Planning Schedule to the Schedule to the Policy Framework Provisions (VPPs) or State standards Zone Overlay relate to local provisions. The local (LPPF) planning policy framework (LPPF) constitutes local application of State-wide policies. They outline a profile of local conditions, and how a council will make decisions on specific issues based on the context. LOCAL PROVISIONS (VARIED BY COUNCILS)

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2.3 State and Local Planning Policy Frameworks

State Planning Policy Framework Local Planning Policy Framework

AMENDMENT VC121 ++ Ensure that development is designed and sited Municipal Strategic Statements of all of Lower- to maintain and enhance the river’s secluded and Middle Yarra municipalities identify the Yarra River On 21 December 2015, the Minister for Planning natural environment. as a key feature and an important environmental, strengthened the State Planning Policy Framework cultural and recreational asset with high landscape by introducing a new ‘Yarra River protection’ policy Importantly, the policy provides that buildings significance. at Clause 12.05-2 of the State Planning Policy should be of a height lower than the tree canopy Framework (SPPF), through Amendment VC121. and set back a minimum distance of 30 metres For each municipality, it has been recommended from the river’s edge. that existing references within the MSS regarding This Amendment gave statutory effect to the the Yarra River be strengthened, using the context ‘statement of significance’ for the Yarra River The policy also identifies the need to “avoid provided in the Middle or Lower Yarra Corridor corridor, which had been developed in the overshadowing of the river its banks and adjacent Study Recommendations Reports, (2016). Detailed preparation of the Middle Yarra River Corridor public open space to ensure that the amenity of the information about recommended changes is Study. public realm is maintained year round.” contained within a Municipal Toolkit, relevant to The policy objective, reflecting the significance of These policy elements have shaped the detailed each Council. the Yarra River to the people of Melbourne and siting and design controls set out in each of the An updated MSS could include: Victoria, is to: new DDO controls. ++ The vision for the river set out in the Report; and Maintain and enhance the natural landscape As the highest-level policy in all Planning Schemes, character of the Yarra River corridor in which the these objectives and strategies should: ++ Key identified values for the river corridor within a Council’s area. topography, waterway, banks and tree canopy ++ Underpin any planning decision-making at a are dominant features providing a highly valued, strategic or statutory level The reports also recommend that the relevant Middle or Lower Yarra Corridor Study secluded, natural environment for the enjoyment ++ Inform preparation of planning permit Recommendations Reports, (2016), be included as a of the public. applications This objective is supported by strategies to: reference document in each relevant Council’s MSS ++ Guide authorities’ engagement with any or LPPF. ++ Strengthen the river’s natural environment, environmental, land use or development heritage and overall health management policies. ++ Maintain a sense of place and landscape identity ++ Retain and enhance people’s enjoyment of the river and its environment

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2.4 Land Use - Planning Zones

Introduction

Planning zones are the primary tool for ++ Rural Conservation Zone (RCZ) controlling land use (e.g. residential, commercial, ++ Public Use Zone (PUZ) industrial, public park and recreation, mixed use), ++ Special Use Zone (SUZ) development, and subdivision. ++ Road Zone, Category 1 (RDZ1) A broad range of zones apply along the Yarra ++ Road Zone, Category 2 (RDZ2). River corridor from its mouth to its source. Within the Lower Yarra and Middle Yarra portion of the Generally, each zoning provision contains the corridor, there are residential and mixed use areas, following: parklands, commercial and industrial areas, and ++ Purpose (fundamental focus of the zone in terms public use zones. In some cases, a main road also of land use and nature of development) forms part of the river corridor; either at a crossing ++ Policy objectives point where key views are afforded, or bordering ++ Table of uses (permit not required, permit parkland and following the course of the river itself. required, or prohibited) This section provides a summary of the key purpose ++ Subdivision permit triggers of each zone within the Yarra River corridor. ++ Buildings and works (development) permit Key zones: triggers ++ Residential Growth Zone (RGZ) ++ Application or assessment requirements ++ General Residential Zone (GRZ) ++ Public notification requirements ++ Neighbourhood Residential Zone (NRZ) ++ Decision guidelines (what should the responsible ++ Low Density Residential Zone (LDRZ) authority - e.g. Council - consider when assessing a proposal within the zone?). ++ Rural Living Zone (RLZ) A detailed summary of permit triggers and decision ++ Mixed Use Zone (MUZ) guidelines which may be of interest to the Yarra ++ Commercial Zones (C1Z and C2Z) Riverkeeper has been included at Appendix A of ++ Industrial Zones (IN1Z and IN3Z) this document. ++ Urban Floodway Zone (UFZ) ++ Public Park and Recreation Zone (PPRZ) ++ Public Conservation and Resource Zone (PCRZ)

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Zones Summary

RESIDENTIAL ZONES Provides for manufacturing industry, storage and COMMERCIAL ZONES distribution of goods and associated uses while Residential Growth Zone (RGZ) Mixed Use Zone (MUZ) not affecting the safety and amenity of local Provides for housing at increased densities in communities. Provides for a range of residential, commercial, buildings up to and including 4 storeys. industrial and other uses that complement the Residential uses are prohibited. ‘mixed-use’ function of a specific locality. Enables new housing growth and diversity. Industrial 3 Zone (IN3Z) Enables residential development at higher densities General Residential Zone (GRZ) Provides for industries and associated uses in areas than some of the residential zones. Respects and preserves urban character while where special consideration of the impacts of Commercial 1 Zone (C1Z) enabling modest housing growth and housing industrial uses is required or to avoid inter-industry diversity in well-serviced areas with good access to conflict. Creates vibrant mixed use commercial centres public transport. for retail, office, business, entertainment and Provides a buffer between industrial areas community uses. Allows some educational, recreational, religious, with higher emissions and local communities, community and a limited range of other non- considering amenity impacts on nearby sensitive Provides for residential uses at densities that residential uses in appropriate locations. uses. complement the role and scale of the commercial centre. Neighbourhood Residential Zone (NRZ) In the IN3Z, residential uses are prohibited. Commercial 2 Zone (C2Z) Restricts housing growth in areas identified for urban preservation. Provides for offices, some manufacturing and industries, bulky goods retail, other retail, business Ensures development respects identified and commercial services. neighbourhood character, heritage, environmental or landscape characteristics. Residential uses are prohibited. Low Density Residential Zone (LDRZ) Enables low density housing. In some cases, requires lots to have on-site wastewater treatment.

INDUSTRIAL ZONES To view an interactive map of zones and overlays in Victoria visit: http://mapshare.maps.vic.gov.au/vicplan/ Industrial 1 Zone (IN1Z)

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RURAL ZONES PUBLIC LAND ZONES SPECIAL PURPOSE ZONES Rural Living Zone (RLZ) Public Use Zone (PUZ) Urban Floodway Zone (UFZ) Provides for residential land uses in a rural Recognises public land use for public utility, Identifies waterways, major flood paths, drainage environment. community services and facilities. depressions and high hazard areas within urban areas which have the greatest risk and frequency of Protects rural and natural environment, resources Provides for associated uses that are consistent with being affected by flooding. and biodiversity. the intent of the public land reservation or purpose. Protects water quality and waterways as natural Allows some agricultural uses that won’t negatively Purposes may be: health, education, transport, resources. impact the amenity of surrounding (e.g. residential) service and utility, cemetery/crematorium, local uses. government or other public use. Special Use Zone (SUZ) Rural Conservation Zone (RCZ) Public Park and Recreation Zone (PPRZ) Recognises or provides for the use and development of land for specific purposes as identified in a Protects and enhance the natural environment Recognises areas for public recreation and open schedule in this zone. and natural processes for their archaeological and space. scientific interest, landscape, faunal habitat and Road Zone (RDZ1 or RDZ2) Protects and conserves areas of significance. cultural values. Identifies significant (e.g. main/arterial) existing Public Conservation and Resource Zone (PCRZ) Encourages development and use of land which roads and land which has been acquired for a is consistent with sustainable land management Protects and conserves the natural environment significant proposed road. and land capability practices, and which takes into and natural processes for their historic, scientific, account the conservation values and environmental landscape, habitat or cultural values. sensitivity of the locality Provides facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes.

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Figure 6. Planning Zones - Cremorne to Hawthorn

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Local Government Area (LGA) boundary Yarra River Residential Growth Zone (RGZ) General Residential Zone (GRZ) Neighbourhood Residential Zone (NRZ) Road Zone Category 1 (RDZ1) Road Zone Category 2 (RDZ2) Rural Conservation Zone (RCZ) Public Conservation & Resource Zone (PCRZ) Public Park and Recreation Zone (PPRZ) Special Use Zone (SUZ) Public Use Zone (PUZ) Public Use Zone - Transport (PUZ4) Urban Floodway Zone (UFZ) Industrial 1 Zone (IN1Z) Industrial 3 Zone (IN3Z) Mixed Use Zone (MUZ) Commercial 1 Zone (C1Z) Commercial 2 Zone (C2Z) Comprehensive Development Zone (CDZ)

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Figure 7. Planning Zones - Collingwood to Alphington

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Figure 8. Planning Zones - Kew North to Bulleen

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Figure 9. Planning Zones - Rosanna East to Templestowe Lower

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Figure 10. Planning Zones - Templestowe to Warrandyte

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2.5 Development Overlays

Introduction Overlays Summary

Planning overlays apply in addition to zones in order following: ENVIRONMENT AND LANDSCAPE OVERLAYS to address specific development, land management ++ Purpose Environmental Significance Overlay (ESO) or environmental issues. They may support particular design or environmental management ++ Policy objectives - in some cases presented as a The ESO aims to identify areas where development objectives, address environmental risks, protect statement of significance or outline of design of land may be affected by environmental heritage or landscape values, identify land for public outcomes or landscape character to be achieved constraints and where identified environmental acquisition or protect land uses such as airfields ++ Subdivision permit trigger (not included in every values need to be protected. The ESO is commonly and wastewater treatment plants. If multiple issues overlay) applied along the Yarra River to areas of particular apply to a single location more than one overlay ++ Buildings and works (development) permit environmental significance. may be applied. triggers Vegetation Protection Overlay (VPO) ++ Vegetation removal permit triggers (not included Key overlays: The purpose of the VPO is to protect areas of in every overlay) ++ Design and Development Overlay (DDO) significant vegetation. A key aim is to ensure ++ Application or assessment requirements ++ Significant Landscape Overlay (SLO) that development avoids or minimises the loss of ++ Public notification exemptions and requirements vegetation. ++ Environmental Significance Overlay (ESO) ++ Decision guidelines (what should the responsible ++ Vegetation Protection Overlay (VPO) A schedule to the overlay (locally applied) must authority - e.g. Council - consider when contain a statement of significance that explains ++ Heritage Overlay (HO) assessing a proposal within the overlay?). the reasons why vegetation is to be protected, and ++ Land Subject to Inundation Overlay (LSIO) objectives linked to achieving vegetation protection. ++ Public Acquisition Overlay (PAO) Under the VPO, a permit is required to remove, ++ Incorporated Plan Overlay (IPO) & Development destroy or lop any vegetation, subject to a number Plan Overlay (DPO). of exemptions. The Design and Development Overlay (DDO) and The type of vegetation protected in the controlled the Significant Landscape Overlay (SLO) are directly area must also be specified in the overlay schedule. relevant to the Yarra River corridor. These two controls have been applied under the new Yarra The VPO decision guidelines provide tests to River protection policies, and are discussed in detail consider the significance of vegetation to be in the next section (4.5: New Overlays for Yarra protected, as well as the effect of the proposed use, River Protection). buildings and works or subdivision on the nature and type of vegetation to be protected. Generally, each overlay provision contains the

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To view an interactive map of zones and overlays in Victoria visit: http://mapshare.maps.vic.gov.au/vicplan/

HERITAGE AND BUILT FORM OVERLAYS Planning permission is required for subdivision, to INCORPORATED PLAN OVERLAY (IPO) & construct a building or carry out works, including Heritage Overlay (HO) DEVELOPMENT PLAN OVERLAY (DPO) for a fence, roadworks, bicycle trails and paths, The IPO and DPO are applied to sites where the The HO is used to identify, conserve and enhance public toilets, and some other minor structures, future land use and development must be shown places of natural or cultural significance. depending on the floor level proposed. on a plan before a permit can be granted. They set It seeks to ensure that development does not Any planning permit application in the LSIO requires out specific design and development requirements adversely affect those elements which contribute to a referral to the catchment/floodplain management which must be adhered to. Under an IPO, a the significance of heritage places. authority, such as Melbourne Water. proposal must be exactly in accordance with the Planning permission is required for subdivision, Decision guidelines relate to the relevant need to Incorporated Plan. Under a DPO, a proposal must buildings and works, demolition, construction of a ensure safe overland passage of floodwater, and to be generally in accordance with the Development fence and other minor alterations and additions. A protect property and human safety in flood-affected Plan, which will be determined at Council’s tree or garden may be identified as having heritage areas. discretion. Both overlay controls remove third party significance and covered by the HO, in which case appeal rights once in operation. However, they Public Acquisition Overlay (PAO) planning permission would be required to remove are both introduced through a Planning Scheme the tree or alter a garden’s design. The PAO is applied to land identified for acquisition Amendment, and this process allows for input from by a Minister, council, or other public authority (e.g. the community and stakeholders. The HO decision guidelines relate to the impact VicRoads). proposed changes may have on the significance of Despite the above, the Yarra Riverkeeper a heritage place. The PAO seeks to ensure that land use and Association has found that the community can development does not prejudice the purpose be less likely to involve itself with planning at the LAND MANAGEMENT OVERLAYS for which the land is to be acquired. Planning amendment stage, due to its theoretical nature, longer-term implementation pathway and that Land Subject to Inundation Overlay (LSIO) permission is also required for demolition, changes in land use, buildings and works, certain types of issues at the time of amendment may not be the The LSIO is used to identify land in a flood storage vegetation removal and subdivision. same as at the time construction commences. The or flood fringe area that is likely to be affected by Association’s experience is that the community is the 1 in 100 year rainfall event. Its purpose is to: An application must be referred to the acquiring more likely to engage with the planning system authority, and decision guidelines relate to when development commences, and outcomes can Ensure that development maintains the free preservation of the land for its intended future be seen. It is the Association’s view that third party passage and temporary storage of floodwaters, purpose. appeal rights should be maintained, particularly on minimises flood damage, is compatible with the large-scale strategic development sites. This will flood hazard and local drainage conditions and also ensure new residents, who were not living will not cause any significant rise in flood level or in the area at the amendment stage, are given flow velocity. opportunities to participate.

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Figure 11. Key Planning Overlays - Cremorne to Hawthorn

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Local Government Area (LGA) boundary Yarra River Development Plan Overlay (DPO) Incorporated Plan Overlay (IPO) Significant Landscape Overlay (SLO)* Design and Development Overlay (DDO)* Vegetation Protection Overlay (VPO) Heritage Overlay (HO) Land Subject to Inundation Overlay (LSIO) Public Acquisition Overlay (PAO)

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Figure 12. Key Planning Overlays - Collingwood to Alphington

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Figure 13. Key Planning Overlays - Kew North to Bulleen

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Figure 14. Key Planning Overlays - Rosanna East to Templestowe Lower

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Figure 15. Key Planning Overlays - Templestowe to Warrandyte

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2.6 New Overlays for Yarra River Protection

Design and Development Overlay

The DDO is applied to all privately owned land government area. Any referral response will be used to assist in the immediately adjacent to, or within close proximity assessment of: Mandatory controls applied by the schedules of, the Yarra River. The extent of the new DDO is cannot be varied by a planning permit approval. ++ Vegetation removal shown on the maps on the following pages. The mandatory controls relate to: ++ Impacts on environmental/waterway values It manages built form outcomes by setting ++ Building height ++ Bank stability/erosion mandatory maximum building heights and mandatory minimum building setbacks from ++ Setbacks (from the Yarra River) ++ Impacts of runoff on the riverine environment the river’s edge. It also includes detailed design ++ Overshadowing of the river banks and waters, ++ Impacts of excavation and other earthworks. requirements. measured on 22 June between 11am and 2pm. The design considerations and decision guidelines Amendment GC48 replaces existing DDO controls The discretionary provisions of the schedules can within the new DDO are organised into three in the Yarra, Boroondara and Stonnington Planning be varied by a planning permit, based on the categories: contextual assessment. Schemes, and introduces a new DDO control to ++ Landscape protection Nillumbik, Manningham and Banyule. These include: ++ Siting and design Under the new DDOs, Melbourne Water is ++ Fencing design within the prescribed setbacks ++ Site coverage and permeability. nominated as a Recommending Referral Authority ++ Allowance for replacement buildings within The responsible authority will consider how a for development within 100m of the waterway. prescribed setbacks, provided the overall proposal responds to those design elements as part OPERATION building height is limited as set out in the DDO of its assessment. for the relevant area Any objection made to Council about an application The new DDO schedules trigger a planning permit ++ Limitation on site coverage, including areas should draw on the design objectives and decision requirement for: covered by a swimming pool or tennis court guidelines as the basis for the submission. ++ Subdivision ++ Avoidance of reflective colours and finishes in ++ All buildings within prescribed setbacks building materials to ensure development blends (including a fence) in with the natural landscape. ++ Other works, including earthworks to excavate For applications within 100m of the banks of or fill, construction of a swimming pool or the Yarra River, applications must be referred tennis court. to Melbourne Water for comment. As a A mixture of mandatory and discretionary controls recommending referral authority, Melbourne are contained within the schedules, which are Water’s advice must be considered when deciding tailored relevant to the context of each local an application.

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Significant Landscape Overlay

OVERVIEW The schedules also manage the siting and design of buildings. They provide exemptions for buildings The new SLO schedules have been applied to all and works that are less than 6m above natural land irrespective of tenure within approximately ground level, and sets out detailed objectives and 100-400m of the centreline of Yarra River. decision guidelines related to the design and siting The extent of the new SLO is also shown on the of new built form. maps on the previous and following pages. Applications assessed against the schedules will The SLO controls the removal of vegetation and need to demonstrate how the proposed changes the construction of buildings and works that avoid negative impacts on identified landscape might affect the riverbank. It replaces existing significance. Environmental Significance Overlays (ESOs) and The SLO provisions require consideration of public SLOs in various planning schemes. open space and access to the Yarra River, including There is no referral requirement to Melbourne the location of boating infrastructure. Water under the SLO. Any referral under another They also require the responsible authority to provision (e.g. LSIO or UGZ) would still apply consider: wherever relevant. ++ Whether development results in the loss of, or OPERATION creates inappropriate access to the Yarra River The new SLO schedules trigger a planning permit and its parklands. requirement for: ++ Whether opportunities exist to co-locate new buildings with existing buildings on public land, ++ Buildings and works particularly at the banks of the Yarra River. ++ Removal, destruction or lopping vegetation Any objection to an application should draw on the ++ Construction of a fence within 30m of the Yarra landscape character, design and siting objectives River and decision guidelines as the basis for the ++ Earthworks (i.e. cut and fill). submission.

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Figure 16. Design and Development Overlay, Significant Landscape Overlay - Templestowe to Warrandyte